A Military Divorce Attorney Protecting Your Rights And Interests

Last updated on July 16, 2026

If you are a military family and are in need of legal assistance with a divorce, child custody or separation agreements, Lesley Turmelle Abbott, P.A., can help. Having been raised in a military family, Ms. Abbott understands many of the unique needs attached to military service and provides knowledgeable representation for military families undergoing a divorce or facing other family law issues.

Lesley Turmelle Abbott, P.A., is located near the Patrick Space Force Base, formerly known as Patrick Air Force Base. Ms. Abbott is familiar with the local community and can help you when you are going through this difficult process in Brevard County.

A Military Divorce Is Different

Any divorce can be legally, financially and emotionally challenging. However, military divorces involve specific laws and additional questions and potential complications. If you or your spouse is in the military, you want an attorney who understands how the many special laws affect the process. They include the Servicemembers Civil Relief Act (SCRA), which can pause divorce proceedings if the service member is on active duty or overseas and delay the divorce.

Another federal law that affects the property division is the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows courts to divide retirement pay. You may also face issues involving healthcare through the TRICARE system. Ms. Abbott understands how these laws work and what needs to be done to protect your rights to these important benefits.

Experience With A Broad Range Of Divorce Issues

Ms. Abbott has substantial experience handling these issues during the sometimes turbulent situations that can develop during any divorce. She can help you with a wide range of matters in the context of a military divorce, including:

• Contested and uncontested divorces
• Collaborative divorce
• Complex divorces
• Timesharing and visitation (child custody)
• Relocation and move-aways
• Child support and enforcement
• Spousal support/alimony
• Division of assets and debts
• Property and marital settlements
• Modification and enforcement actions/contempt
• Paternity determinations
• Prenuptial and postnuptial agreements

Ms. Abbott understands the complex process of military divorces and the special concerns a military family faces during this process. She will assist you in understanding your options.

Florida Residency Requirements For Military Divorce

Florida law requires at least one spouse to meet a residency requirement before filing for divorce. Military service can affect how that requirement applies to you. Here is how Florida residency rules work in a military divorce:

• Six-month residency rule: Florida requires that at least one spouse live in the state for six months before filing for divorce.
• Domicile vs. duty station: A service member’s home of record may differ from their duty station. For residency purposes, Florida requires actual physical presence in the state for six months.
• Time stationed in Florida: Florida counts time a service member spends on duty in the state toward the six-month residency requirement.
• Nonmilitary spouse filing rights: A spouse who meets Florida’s six-month residency requirement can file for divorce in the state, though the service member may have certain legal protections under federal law.

Families near Patrick Space Force Base (Patrick Air Force Base) and Cape Canaveral Space Force Station regularly face these residency questions, and Lesley Turmelle Abbott, P.A., helps you determine where and how to file.

Understanding The Challenges Of Military Divorces

Military divorces often involve added layers of complexity because they can be governed by both state divorce laws and federal rules that apply to servicemembers. This makes these cases more technical than a typical divorce. As a result, even divorces that seem straightforward at first can raise unique legal and financial questions.

Logistical challenges are also common. Deployments, training schedules and permanent change of station (PCS) moves can affect service of process, court appearances and the overall timeline of a divorce. The SCRA may allow a service member to request delays in certain proceedings, which can protect their rights but also extend the process. When children are involved, long-distance parenting plans and relocations may further complicate custody and time-sharing arrangements.

Finally, military divorces can have lasting consequences for both parties’ stability and benefits. Housing arrangements, access to health coverage, and other military privileges may change quickly after the divorce, and eligibility can depend on specific rules like the 20/20/20 framework. Financial planning is critical, since support obligations and the division of marital property may be influenced by military pay structures and future retirement considerations. Understanding these challenges early can help you set realistic expectations and make informed decisions.

The Military Divorce Process In Brevard County, Florida

Military divorce involves more steps than a standard divorce. Lesley Turmelle Abbott, P.A., manages those steps for you so nothing gets missed. Here is what working with Ms. Abbott on your military divorce in Brevard County looks like:

• Initial consultation: You meet with Ms. Abbott to review your situation and identify any military-specific legal issues affecting your case.
• Case evaluation: Ms. Abbott assesses your active-duty status, benefit eligibility and applicable federal laws, including the SCRA and USFSPA.
• Filing the petition: Ms. Abbott prepares and files your divorce petition in Brevard County, addressing residency requirements and any service-related complications.
• Negotiation: Ms. Abbott works to resolve disputes over property, support and custody through direct negotiation or collaborative methods.
• Court representation: If your case goes before a judge, Ms. Abbott represents your interests and advocates for a fair resolution.

No two military divorces follow the same path. Lesley Turmelle Abbott, P.A., builds your legal strategy around your specific needs and circumstances.

Answering The Questions Service Members And Military Spouses Face During Divorce

Service members and military spouses often have urgent questions about how Florida divorce courts handle military divorce. The answers below address some of the most common concerns and explain key rules so you can better understand your options and protect your rights.

How long does a military divorce take in Florida?

The duration of a military divorce in Florida can vary. It can often depend on the complexity of your case and whether both parties agree on critical issues. Generally, it can take several months to finalize a divorce. Still, factors such as deployments and legal intricacies can extend the timeline.

How does a military divorce affect VA benefits?

It depends on the type of benefit in question. Disability compensation from the VA typically remains with the servicemember, as it typically can’t be subject to division. However, if you have children and you receive income through VA disability benefits, a court could garnish your wages to cover child support.

Is your spouse entitled to a share of your retirement benefits?

Your spouse’s entitlement to military retirement benefits can depend on factors such as:

• The length of your marriage
• The divorce laws in your state

Under the USFSPA, state courts may view military retirement money as marital property. Ms. Abbott can help you evaluate how these rules apply to your situation.

How is the Survivor Benefit Program handled in a divorce?

The Survivor Benefit Program (SBP) can be a significant consideration during a military divorce. If spouses elect the program during their marriage, a family law court may decide its continuation as part of the divorce settlement.

Is your spouse still eligible to live on base after a divorce?

After a military divorce, housing benefits typically change and your nonmilitary spouse may lose eligibility to live on the base. The specifics depend on individual circumstances, such as the marriage’s length and whether children are involved.

How can a military spouse protect their rights during a divorce?

To protect your rights during a military divorce, it’s crucial to have a clear understanding of both military and state divorce laws. You can also rely on the SCRA protections.

For more information about how you can protect your rights as a servicemember during a divorce, contact Ms. Abbott at 321-253-2275.

What is the 20/20/20 rule?

The 20/20/20 rule, which is a rule for military divorces nationwide, refers to when a former spouse can keep full military benefits following a divorce. It applies if all three are true:

• The service member has twenty (20) or more years of creditable military service.
• The marriage lasted twenty (20) or more years.
• There was at least twenty (20) years of overlap between the marriage and the military service.

If they meet those requirements, the former spouse may remain eligible for benefits like TRICARE or commissary and exchange privileges. However, those benefits end if they remarry someone who is not a servicemember.

There is a related rule known as the 20/20/15 rule. This rule applies to situations in which the first two criteria mentioned above are met, but the overlap between them is only 15 or more years. In such circumstances, a former spouse may be eligible for TRICARE medical benefits for one year from the entry of final judgment, but they would not have access to the base, military exchange or commissary.

What is the 10/10 rule?

A former spouse can receive their share of the service member’s disposable retired pay directly from the Defense Finance and Accounting Service (DFAS) if the marriage and the service member’s creditable military service overlapped for at least 10 years.

If the marriage does not meet these requirements, the court can still award a share of retirement pay under state law. However, DFAS will not pay it directly; instead, the service member typically must make those payments themselves.

Contact Ms. Abbott

Call her Satellite Beach office at 321-253-2275 to schedule your initial consultation today, or click here to set up an appointment.